Illinois General Assembly - Full Text of HB0101
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Full Text of HB0101  98th General Assembly




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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory Exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10    (a) All information determined to be confidential under
11Section 4002 of the Technology Advancement and Development Act.
12    (b) Library circulation and order records identifying
13library users with specific materials under the Library Records
14Confidentiality Act.
15    (c) Applications, related documents, and medical records
16received by the Experimental Organ Transplantation Procedures
17Board and any and all documents or other records prepared by
18the Experimental Organ Transplantation Procedures Board or its
19staff relating to applications it has received.
20    (d) Information and records held by the Department of
21Public Health and its authorized representatives relating to
22known or suspected cases of sexually transmissible disease or
23any information the disclosure of which is restricted under the



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1Illinois Sexually Transmissible Disease Control Act.
2    (e) Information the disclosure of which is exempted under
3Section 30 of the Radon Industry Licensing Act.
4    (f) Firm performance evaluations under Section 55 of the
5Architectural, Engineering, and Land Surveying Qualifications
6Based Selection Act.
7    (g) Information the disclosure of which is restricted and
8exempted under Section 50 of the Illinois Prepaid Tuition Act.
9    (h) Information the disclosure of which is exempted under
10the State Officials and Employees Ethics Act, and records of
11any lawfully created State or local inspector general's office
12that would be exempt if created or obtained by an Executive
13Inspector General's office under that Act.
14    (i) Information contained in a local emergency energy plan
15submitted to a municipality in accordance with a local
16emergency energy plan ordinance that is adopted under Section
1711-21.5-5 of the Illinois Municipal Code.
18    (j) Information and data concerning the distribution of
19surcharge moneys collected and remitted by wireless carriers
20under the Wireless Emergency Telephone Safety Act.
21    (k) Law enforcement officer identification information or
22driver identification information compiled by a law
23enforcement agency or the Department of Transportation under
24Section 11-212 of the Illinois Vehicle Code.
25    (l) Records and information provided to a residential
26health care facility resident sexual assault and death review



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1team or the Executive Council under the Abuse Prevention Review
2Team Act.
3    (m) Information provided to the predatory lending database
4created pursuant to Article 3 of the Residential Real Property
5Disclosure Act, except to the extent authorized under that
7    (n) Defense budgets and petitions for certification of
8compensation and expenses for court appointed trial counsel as
9provided under Sections 10 and 15 of the Capital Crimes
10Litigation Act. This subsection (n) shall apply until the
11conclusion of the trial of the case, even if the prosecution
12chooses not to pursue the death penalty prior to trial or
14    (o) Information that is prohibited from being disclosed
15under Section 4 of the Illinois Health and Hazardous Substances
16Registry Act.
17    (p) Security portions of system safety program plans,
18investigation reports, surveys, schedules, lists, data, or
19information compiled, collected, or prepared by or for the
20Regional Transportation Authority under Section 2.11 of the
21Regional Transportation Authority Act or the St. Clair County
22Transit District under the Bi-State Transit Safety Act.
23    (q) Information prohibited from being disclosed by the
24Personnel Records Review Act.
25    (r) Information prohibited from being disclosed by the
26Illinois School Student Records Act.



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1    (s) Information the disclosure of which is restricted under
2Section 5-108 of the Public Utilities Act.
3    (t) All identified or deidentified health information in
4the form of health data or medical records contained in, stored
5in, submitted to, transferred by, or released from the Illinois
6Health Information Exchange, and identified or deidentified
7health information in the form of health data and medical
8records of the Illinois Health Information Exchange in the
9possession of the Illinois Health Information Exchange
10Authority due to its administration of the Illinois Health
11Information Exchange. The terms "identified" and
12"deidentified" shall be given the same meaning as in the Health
13Insurance Accountability and Portability Act of 1996, Public
14Law 104-191, or any subsequent amendments thereto, and any
15regulations promulgated thereunder.
16    (u) Records and information provided to an independent team
17of experts under Brian's Law.
18    (v) Names and information of people who have applied for or
19received Firearm Owner's Identification Cards under the
20Firearm Owners Identification Card Act.
21    (w) Personally identifiable information which is exempted
22from disclosure under subsection (g) of Section 19.1 of the
23Toll Highway Act.
24    (x) Information which is exempted from disclosure under
25Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
26Illinois Municipal Code.



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1    (y) Information disclosed pursuant to Section 7 of the
2Pawnbroker Regulation Act.
3(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
496-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
58-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
6eff. 1-1-13.)
7    Section 10. The Pawnbroker Regulation Act is amended by
8changing Sections 0.05, 4, and 7 as follows:
9    (205 ILCS 510/0.05)
10    Sec. 0.05. Administration of Act.
11    (a) This Act shall be administered by the Secretary of
12Financial and Professional Regulation, and, beginning on July
1328, 2010 (the effective date of Public Act 96-1365), all
14references in this Act to the Commissioner of Banks and Real
15Estate are deemed, in appropriate contexts, to be references to
16the Secretary of Financial and Professional Regulation, who
17shall have all of the following powers and duties in
18administering this Act:
19        (1) To promulgate reasonable rules for the purpose of
20    administering the provisions of this Act.
21        (2) To issue orders for the purpose of administering
22    the provisions of this Act and any rule promulgated in
23    accordance with this Act.
24        (2.5) To order restitution to consumers suffering



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1    damages resulting from violations of this Act, rules
2    promulgated in accordance with this Act, or other laws or
3    regulations related to the operation of a pawnshop.
4        (3) To appoint hearing officers and to hire employees
5    or to contract with appropriate persons to execute any of
6    the powers granted to the Secretary under this Section for
7    the purpose of administering this Act and any rule
8    promulgated in accordance with this Act.
9        (4) To subpoena witnesses, to compel their attendance,
10    to administer an oath, to examine any person under oath,
11    and to require the production of any relevant books,
12    papers, accounts, and documents in the course of and
13    pursuant to any investigation being conducted, or any
14    action being taken, by the Secretary in respect of any
15    matter relating to the duties imposed upon, or the powers
16    vested in, the Secretary under the provisions of this Act
17    or any rule promulgated in accordance with this Act.
18        (5) To conduct hearings.
19        (6) To impose civil penalties graduated up to $10,000
20    $1,000 against any person for each day that person violates
21    violation of any provision of this Act, any rule
22    promulgated in accordance with this Act, any State or
23    federal law affecting pawnbrokers, or any order of the
24    Secretary based upon the seriousness of the violation.
25        (6.5) To initiate, through the Attorney General,
26    injunction proceedings whenever it appears to the



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1    Secretary that any person, whether licensed under this Act
2    or not, is engaged or about to engage in an act or practice
3    that constitutes or will constitute a violation of this Act
4    or any rule prescribed under the authority of this Act. The
5    Secretary may, in his or her discretion, through the
6    Attorney General, apply for an injunction, and upon a
7    proper showing, any circuit court may enter a permanent or
8    preliminary injunction or a temporary restraining order
9    without bond to enforce this Act in addition to the
10    penalties and other remedies provided for in this Act.
11        (7) To issue a cease and desist order and, for
12    violations of this Act, any order issued by the Secretary
13    pursuant to this Act, any rule promulgated in accordance
14    with this Act, or any other applicable law in connection
15    with the operation of a pawnshop, to suspend a license
16    issued under this Act for up to 30 days.
17        (8) To determine compliance with applicable law and
18    rules related to the operation of pawnshops and to verify
19    the accuracy of reports filed with the Secretary, the
20    Secretary, not more than one time every 2 years, may, but
21    is not required to, conduct a routine examination of a
22    pawnshop, and in addition, the Secretary may examine the
23    affairs of any pawnshop at any time if the Secretary has
24    reasonable cause to believe that unlawful or fraudulent
25    activity is occurring, or has occurred, therein.
26        (9) In response to a complaint, to address any



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1    inquiries to any pawnshop in relation to its affairs, and
2    it shall be the duty of the pawnshop to promptly reply in
3    writing to such inquiries. The Secretary may also require
4    reports or information from any pawnshop at any time the
5    Secretary may deem desirable.
6        (10) To revoke a license issued under this Act if the
7    Secretary determines that (a) a licensee has been convicted
8    of a felony in connection with the operations of a
9    pawnshop; (b) a licensee knowingly, recklessly, or
10    continuously violated this Act or State or federal law or
11    regulation, a rule promulgated in accordance with this Act,
12    or any order of the Secretary; (c) a fact or condition
13    exists that, if it had existed or had been known at the
14    time of the original application, would have justified
15    license refusal; (d) the licensee knowingly submits
16    materially false or misleading documents with the intent to
17    deceive the Secretary or any other party; or (e) the
18    licensee is unable or ceases to continue to operate the
19    pawnshop.
20        (10.2) To remove or prohibit the employment of any
21    officer, director, employee, or agent of the pawnshop who
22    engages in or has engaged in unlawful activities that
23    relate to the operation of a pawnshop.
24        (10.7) To prohibit the hiring of employees who have
25    been convicted of a financial crime or any crime involving
26    breach of trust who do not meet exceptions as established



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1    by rule of the Secretary.
2        (11) Following license revocation, to take possession
3    and control of a pawnshop for the purpose of examination,
4    reorganization, or liquidation through receivership and to
5    appoint a receiver, which may be the Secretary, a pawnshop,
6    or another suitable person.
7    (b) After consultation with local law enforcement
8officers, the Attorney General, and the industry, the Secretary
9may by rule require that pawnbrokers operate video camera
10surveillance systems to record photographic representations of
11customers and retain the tapes produced for up to 30 days.
12    (c) Pursuant to rule, the Secretary shall issue licenses on
13an annual or multi-year basis for operating a pawnshop. Any
14person currently operating or who has operated a pawnshop in
15this State during the 2 years preceding the effective date of
16this amendatory Act of 1997 shall be issued a license upon
17payment of the fee required under this Act. New applicants
18shall meet standards for a license as established by the
19Secretary. Except with the prior written consent of the
20Secretary, no individual, either a new applicant or a person
21currently operating a pawnshop, may be issued a license to
22operate a pawnshop if the individual has been convicted of a
23felony or of any criminal offense relating to dishonesty or
24breach of trust in connection with the operations of a
25pawnshop. The Secretary shall establish license fees. The fees
26shall not exceed the amount reasonably required for



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1administration of this Act. It shall be unlawful to operate a
2pawnshop without a license issued by the Secretary.
3    (d) In addition to license fees, the Secretary may, by
4rule, establish fees in connection with a review, approval, or
5provision of a service, and levy a reasonable charge to recover
6the cost of the review, approval, or service (such as a change
7in control, change in location, or renewal of a license). The
8Secretary may also levy a reasonable charge to recover the cost
9of an examination if the Secretary determines that unlawful or
10fraudulent activity has occurred. The Secretary may require
11payment of the fees and charges provided in this Act by
12certified check, money order, an electronic transfer of funds,
13or an automatic debit of an account.
14    (e) The Pawnbroker Regulation Fund is established as a
15special fund in the State treasury. Moneys collected under this
16Act shall be deposited into the Fund and used for the
17administration of this Act. In the event that General Revenue
18Funds are appropriated to the Department of Financial and
19Professional Regulation for the initial implementation of this
20Act, the Governor may direct the repayment from the Pawnbroker
21Regulation Fund to the General Revenue Fund of such advance in
22an amount not to exceed $30,000. The Governor may direct this
23interfund transfer at such time as he deems appropriate by
24giving appropriate written notice. Moneys in the Pawnbroker
25Regulation Fund may be transferred to the Professions Indirect
26Cost Fund, as authorized under Section 2105-300 of the



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1Department of Professional Regulation Law of the Civil
2Administrative Code of Illinois.
3    (f) The Secretary may, by rule, require all pawnshops to
4provide for the expenses that would arise from the
5administration of the receivership of a pawnshop under this Act
6through the assessment of fees, the requirement to pledge
7surety bonds, or such other methods as determined by the
9    (g) All final administrative decisions of the Secretary
10under this Act shall be subject to judicial review pursuant to
11the provisions of the Administrative Review Law. For matters
12involving administrative review, venue shall be in either
13Sangamon County or Cook County.
14(Source: P.A. 96-1038, eff. 7-14-10; 96-1365, eff. 7-28-10;
1597-333, eff. 8-12-11.)
16    (205 ILCS 510/4)  (from Ch. 17, par. 4654)
17    Sec. 4. Every pawnbroker shall, at the time of making any
18advancement or loan, deliver to the person pawning or pledging
19any property, a memorandum, contract, or note signed by him or
20her containing an accurate account and description, in the
21English language, of all the goods, articles or other things
22pawned or pledged, the amount of money, value of things loaned
23thereon, the time of pledging the same, the rate of interest to
24be paid on the loan, the name and residence of the person
25making the pawn or pledge, and the amount of any fees as



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1specified in Section 2 of this Act.
2(Source: P.A. 87-802.)
3    (205 ILCS 510/7)  (from Ch. 17, par. 4657)
4    Sec. 7. Daily report.
5    (a) Except as provided in subsection (b), it shall be the
6duty of every pawnbroker to make out and deliver to the sheriff
7of the county in which such pawnbroker does business, on each
8day before the hours of 12 o'clock noon, a legible and exact
9copy from the standard record book, as required in Section 5 of
10this Act, that lists all personal property and any other
11valuable thing received on deposit or purchased during the
12preceding day, including the exact time when received or
13purchased, and a description of the person or person by whom
14left in pledge, or from whom the same were purchased; provided,
15that in cities or towns having 25,000 or more inhabitants, a
16copy of the such report shall at the same time also be
17delivered to the superintendent of police or the chief police
18officer of such city or town. Such report may be made by
19computer printout or input memory device if the format has been
20approved by the local law enforcement agency.
21    (b) In counties with more than 3,000,000 inhabitants, a
22pawnbroker must provide the daily report to the sheriff only if
23the pawnshop is located in an unincorporated area of the
24county. Pawnbrokers located in cities or towns in such counties
25must deliver such reports to the superintendent of police or



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1the chief police officer of such city or town.
2    (c) All information provided to law enforcement according
3to the reporting requirements of this Section is confidential
4and is not subject to disclosure under the Freedom of
5Information Act.
6(Source: P.A. 90-477, eff. 7-1-98; 90-602, eff. 7-1-98.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.